Category: Space Law

Events of Interest: Week of April 16-20, 2012

Events of Interest: Week of April 16-20, 2012

The following events may be of interest in the week ahead.  The House and Senate both return to work after a two-week recess.

During the Week

Weather permitting, Tuesday is the day the space shuttle Discovery will make its last trip aboard the Shuttle Carrier Aircraft as it moves from Kennedy Space Center to the Smithsonian’s Udvar-Hazy Center near Dulles Airport, VA just outside of Washington for permanent exhibition.  NASA is anticipating spectacular views of Discovery’s arrival as it is flown over national landmarks in the Washington area.   Details on where to get the best view are on the Smithsonian’s website as well as NASA’s.

If all goes according to schedule, you can watch Discovery arrive and then hop up to Capitol Hill for the Senate Appropriations Commerce-Justice-Science subcommittee markup of the FY2013 budget requests under its jurisdiction, which include NASA and NOAA.  It is at 2:30 pm in 192 Dirksen.  This is the first markup of the FY2013 appropriations season that affects NASA and NOAA.  It is followed one hour later with the markup of the T-HUD bill that includes the FAA’s Office of Commercial Space Transportation.

Of course it’s not clear how many of the space policy community will be in Washington on Tuesday since the National Space Symposium is being held this week (Monday-Thursday) in Colorado Springs, CO.  

Those are just a few of the space policy-related events coming up this week.   See below for a complete list.

Monday, April 16

Monday-Thursday, April 16-19

Tuesday, April 17

Wednesday, April 18

Friday, April 20

In Case You Missed It: AAS Goddard Symposium and SWF Conference Presentations Available

In Case You Missed It: AAS Goddard Symposium and SWF Conference Presentations Available

Video or audio recordings of two recent space policy-related conferences are now available on the Web.

Video from the American Astronautical Society’s 50th Goddard Memorial Symposium, held March 28-29, 2012 in Greenbelt, MD, is now posted on NASA Goddard Space Flight Center’s (GSFC) website.  Video of all the presentations is available, including remarks by —

  • Christopher Scolese, GSFC Director;
  • Charlie Bolden, NASA Administrator;
  • Steve Squyres, chairman of the NASA Advisory Council;
  • House Science, Space and Technology Committee Chairman Ralph Hall (R-TX);
  • Kathy Sullivan, Deputy Administrator of the National Oceanic and Atmospheric Administration (NOAA); and
  • Rear Admiral Liz Young, National Reconnaissance Office

Audio recordings of the Space Security Conference 2012 sponsored by the Secure World Foundation (SWF) and the United Nations Institute for Disarmament Research (UNIDIR), held March 29-20, 2012 in Geneva, Switzerland, are also available.  Included are presentations from —

  • Victoria Samson, Director of SWF’s Washington Office;
  • Theresa Hitchens, Director of UNIDIR;
  • Peter Marquez, former Director of Space Policy for the White House National Security Council and currently Vice President for Space Strategy and Planning, Orbital Sciences Corp.;
  • Frank Rose, Deputy Assistant Secretary of State for Space and Defense Policy;
  • John Sheldon, professor of Space and Cyberspace Srategy at the School of Advanced Air and Space Studies, Maxwell Air Force Base;
  • Victor Vasiliev, Deputy Permanent Representative of the Russian Federation to the United Nations Office in Geneva; and
  • Haitao WU, Ambassador Extraordinary and Plenipotentiary for Disarmament Affairs and Deputy Permanent Representative for the Peoples Republic of China to the U.N. Office at Geneva.

Editor’s Note:  The video of my closing remarks to the AAS Goddard Memorial Symposium on March 28 is also available on the GSFC site.

SpacePolicyOnline.com Movie Review: Space Junk 3D

SpacePolicyOnline.com Movie Review: Space Junk 3D

Whirling space trash and panoramic views of Arizona’s Meteor Crater are only two of the reasons to see a new 3D movie — Space Junk 3D.

Shown at the Smithsonian Museum of Natural History’s IMAX theater on March 16, 2012 as part of the Environmental Film Festival, the Melrae Pictures film tells the story of Don Kessler, the “father of space junk,” and raises public awareness about the issue that has defined his career.

Using the natural collisions of the universe as an analogy, the film has great computer-generated 3D imagery of asteroids colliding with each other and breaking into pieces that impact the Earth — hence the inclusion of Meteor Crater — and galaxies crashing into each other to form new galaxies.    It is a useful technique to then explain the thousands of objects in Earth orbit that may collide with each other and form yet more debris that imperils operating spacecraft.

An arcane and complicated subject– how many people even know the difference between LEO and MEO or MEO and GEO — the film uses storytelling to capture the public’s interest and 3D animation to provide a visual reference.   Lively questions from the audience of perhaps 150 people after the film was over suggested that they got the point that there’s a problem even if the details and solutions were not apparent.

Experts may quibble with a few of the facts (weather satellites are not in MEO), the sequencing is odd in places (one moment talking about GEO, the next about the Chinese ASAT test in 2007), the ending verges on silliness (depicting a giant orbiting recycling station that would dwarf ISS), and it does have a Carl Sagan-ish quality in almost gloryifying Kessler, but overall it is a useful and fun method to raise public awareness about the need for space sustainability.   Kudos to Melissa Butts and Kimberly Rowe who produced and directed the film.  Visit the Melrae Pictures website for information on where to see it.

Editor’s Note:  This review was originally published as an article on SpacePolicyOnline.com on March 17, 2012.  The first line of the second paragraph has been changed to indicate the actual date on which the movie was shown.

North Korea Plans to Launch Satellite Next Month

North Korea Plans to Launch Satellite Next Month

Saying that it will abide by relevant international regulations and usage concerning the launch of scientific and technological satellites for peaceful purposes, North Korea announced today that it plans to launch a polar orbiting earth observation satellite next month.  The move drew sharp criticism from those who insist that it violates, not abides by, international obligations.

The announcement was reported by South Korea’s Yonhap news agency.   South Korea strongly objected to the upcoming launch calling it a “grave provocative act against peace and stability.”

The U.S. State Department called it a “highly provocative” act that would violate United Nations Security Council resolutions 1718 and 1874 that “clearly and unequivocally prohibit North Korea from conducting launches that use ballistic missile technology.”  The State Department called on North Korea to “adhere to its international obligations” and said it was consulting with “international partners on next steps.”

Satellite Industry "Denounces" UNIDROIT Approval

Satellite Industry "Denounces" UNIDROIT Approval

Despite intense opposition, the International Institute for the Unification of Private Law (UNIDROIT) adopted and opened for signature a protocol that critics say could significanlty damage the global commercial communications satellite industry.

UNIDROIT adopted the protocol on March 9, 2012 at a meeting in Berlin, Germany.

In a strongly worded statement the same day, the major companies and organizations involved in the satellite communications business “denounced” the action.  Simon Twiston Davies of the Cable and Satellite Broadcasting Association of Asia (CASBAA) said “This new layer of supra-national law can only make the financing of new satellite projects more difficult and expensive, including those planned by developing nations to serve their citizens.”    David Hartshorn of the Global VSAT Forum added that “We hope that States will note the concerns of the global satellite industry and not ratify the protocol.”  Patricia Cooper of the U.S. Satellite Industry Association (SIA) called the action “disappointing” considering the “clear and unified opposition” of the industry.

The statement was issued by the European Satellite Operators’ Association, SIA, the Space Industry Association of Australia, the Canadian Satellite and Space Industry Forum, CASBAA, and the Global VSAT Forum.  It noted that “The global satellite sector continues to show unprecedented unity in its opposition to the UNIDROIT Space Assets Protocol.”

In December, more than 90 companies wrote to the Secretary General of UNIDROIT explaining their opposition and urging UNIDROIT to “halt your plans” to adopt it.   Those pleas clearly were not heeded.

 

Events of Interest: Week of March 5-9, 2012

Events of Interest: Week of March 5-9, 2012

The following events may be of interest in the week ahead.  The House and Senate both are in session.

During the Week

This week is chock full of congressional hearings on space activities at NASA, DOD, NOAA, and USGS (which operates the Landsat satellites), not to mention a number of NASA Advisory Council (NAC) committee meetings leading up to the full NAC meeting on Thursday and Friday.   Not sure how much the hearings on NOAA and USGS will focus on space activities since their responsibilities are quite varied, but something of interest may be said.   Separately, NASA is sponsoring a day-long seminar on Thursday at George Washington University in connection with Women’s History Month on “Woman, Innovation and Aerospace.”  

Rather than listing these events day-by-day as we usually do, this week they are grouped into categories for those of you interested primarily in the NAC meetings, the congressional hearings, or the other events.  A day-by-day listing is available on our “Events of Interest” list and on the calendar on our website as always.  

NASA Advisory Council (NAC) meetings, all at NASA Headquarters, Washington DC

Congressional Hearings (all times EST)  Many congressional hearings are webcast and can be viewed on the relevant committee’s website, although most hearings held in rooms in the U.S. Capitol are not.

Other

  • NASA event on Women, Innovation and Aerospace, Thursday, 9:00 am -3:00 pm Jack Morton Auditorium at George Washington University, 805 21st St., NW, Washington DC (speakers include: NASA Deputy Administrator Lori Garver, NOAA Deputy Administrator Kathy Sullivan, National Academy of Engineering Fellow Catherine Didion, Office of Personnel Management official Veronica Villalobos, and SpacePolicyOnline.com editor Marcia Smith)
  • Secure World Foundation (SWF) Round Table on International Code of Conduct-International Perspectives, Thursday,  Brussels, Belgium (speakers include representatives to the European Union from the United States, Japan, and Australia; Gerard Brachet from the International Astronautical Federation; Pierre-Louis Lempereur from the European External Action Service; and Agnieszka Lukaszczyk from SWF)
Space Lawyer Carl Christol Passes Away

Space Lawyer Carl Christol Passes Away

Renowned space lawyer Carl Christol, who literally wrote the book on space law, passed away on February 22 at the age of 98.

Professor Christol pioneered the field of space law and authored “The International Law of Outer Space,” as well as seven other books on political science, foreign policy and related topics.   His extensive and distinguished career is summarized in an obituary available on the website of the International Institute of Space Law, in which he was a very active participant.

A graduate of Yale Law School, he spent most of his career as a professor at the University of Southern California.  He also was a retired Army Colonel and recipient of the Bronze Star for service during World War II.

Events of Interest: Week of February 20-24, 2012

Events of Interest: Week of February 20-24, 2012

The following events may be of interest in the week ahead.

The House and Senate are in recess (except for non-legislative pro forma sessions).

Monday-Tuesday, February 20-21

Tuesday, February 21

Tuesday-Thursday, February 21-23

Thursday, February 23

 Thursday-Friday, February 23-24

Events of Interest: Week of February 13-18, 2012

Events of Interest: Week of February 13-18, 2012

The following events may be of interest in the coming week.  Click on the links below or on our right menu, or check our full calendar also on the right menu, for more details. 

The House and Senate are both in session this week.  Times, dates and witnesses for congressional hearings are subject to change.  Check the relevant committee’s website for up to date information.

During the Week

Release of President Obama’s budget request for FY2013 will dominate conversation in Washington this week, even though many politicians and pundits already have declared it “dead on arrival.”   Champions of defense spending, for example, are criticizing the depth of proposed Pentagon cuts even as Republicans insist that the deficit must be dramatically reduced by cutting federal spending and not raising taxes.  The President’s Budget Request (PBR) does not reflect “sequestration,” the poison pill Congress and the White House included in the Budget Control Act last summer that would impose even more stringent cuts on both defense and non-defense discretionary spending.   The failure of last year’s congressional supercommittee to reach agreement on other methods of cutting the deficit officially meant that sequestration should be in effect, but no one at either end of Pennsylvania Avenue wants to swallow that pill.  Ignoring it appears to be the game plan of the moment.  The shrill partisan debate that characterized Washington last year seems destined to be repeated this year, amplified by election year politics.   What will happen to space program funding is anyone’s guess.  Nonetheless, release of the budget tomorrow is the opening shot of the FY2013 budget debate.  Many departments and agencies are holding briefings tomorrow or later in the week.  Noted below are those most strongly related to space policy.

This is also the final week of the WRC-12 conference in Geneva, Switzerland.  The last week is usually the most interesting — where major deals are cut.  We’ll keep you posted of anything that might dramatically affect allocation of frequencies or orbital slots for satellites.

Monday, February 13

  • President Obama speaks to students at Northern Virginia Community College about the FY2013 Budget Request, Annandale, VA, 11:00 am ET, officially kicking off this year’s debate
  • White House Office of Management and Budget (OMB) and the Government Printing Office (GPO) release the FY2013 budget request at GPO, 11:15 am. 
  • OMB and other White House officials hold press conference on FY2013 budget request,  White House Eisenhower Executive Office Building, 12:30 pm ET
  • White House Office of Science and Technology Policy (OSTP) briefing on R&D and STEM Education in the FY2013 budget request, AAAS auditorium, 1200 New York Avenue, N.W., 1:30-2:30 pm ET
  • NASA FY2013 budget briefing, NASA Headquarters, 2:00 pm ET, followed by individual teleconference briefings by the mission directorates and the chief technologist, see this NASA press release for details but HEOMD is at 3:30, SMD at 4:30, OCT at 5:15, and ARMD at 6:00).  NASA budget information will be posted on the NASA budget website at 1:00 pm ET.
  • DOD FY2013 budget briefing, the Pentagon, 2:00 pm ET, followed by individual briefings by the Army, Navy and Air Force (see this DOD press release for details but Air Force is at 4:45)
  • Kennedy Space Center Director Cabana available at KSC press site to discuss FY2013 budget request, Kennedy Space Center , FL, 4:15 pm ET

Tuesday, February 14

Wednesday, February 15

Wednesday-Thursday, February 15-16

Thursday, February 16

Friday, February 17

Friday-Saturday, February 17-18

LightSquared Gets Pounded Again at Another Congressional Hearing

LightSquared Gets Pounded Again at Another Congressional Hearing

Potential interference between LightSquared’s satellite-terrestrial mobile broadband system and GPS was the subject of yet another congressional hearing today.  Numerous hearings were held last year in a variety of House committees, each warning of calamitous consequences if LightSquared is allowed to implement its system.   Today’s hearing before the House Transportation and Infrastructure (T&I) committee was no different.

The hearing comes less than two weeks after the Federal Communications Commission (FCC) issued its most recent directive about LIghtSquared.  Noting that the FY2012 Financial Services and General Government Appropriations Act  (part of the FY2012 Consolidated Appropriations Act) prohibits the FCC from allowing LightSquared to proceed until “concerns of potential widespread harmful interference” are resolved, the FCC declined to grant a request from LightSquared to make a declaratory ruling that GPS devices are not protected against harmful interference as long as LightSquared abides by the FCC’s technical parameters. 

The company launched a high powered satellite, SkyTerra, in 2010 to use in a mobile broadband system, but requested permission from the FCC to augment the satellite capacity with a network of 40,000 terrestrial cell towers — an Ancillary Technical Component (ATC) in FCC terminology.  In January 2011, the FCC gave LightSquared provisional permission to proceed with the ATC, but the provision was that it had to form a technical committee to perform tests to determine the extent to which interference with GPS would occur.  The radio frequency bands assigned to LightSquared are adjacent to some of the GPS bands.

The 2011 FCC decision prompted an outcry from GPS user communities.  Tests conducted by the FCC-required technical committee demonstrated that interference would indeed be a problem.  LightSquared modified its plans and also complained that it has complied with all of the FCC’s technical requirements.  It asserts that the interference is the fault of GPS receiver manufacturers who did not properly design the receivers.

Another round of tests was ordered last fall, but the results were similar.  On January 13, 2012, the government’s National Space-Based PNT (Positioning, Navigation and Timing) Advisory Board, which is playing a leading role in opposing LightSquared’s plans, sent a letter to the National Telecommunications and Information Administration (NTIA) stating its “unanimous conclusion … that both LightSquared’s original and modified plans … would cause harmful interference to many GPS receivers.”   NTIA, part of the Department of Commerce, oversees government use of radio frequencies, while the FCC governs their use by the private sector.

LightSquared complained that the tests were “rigged.”  It called on NTIA and the FCC to conduct another round of tests and for “fair and transparent oversight of the testing process….”

Aviation interests have been particularly vocal in opposing LightSquared because GPS is widely used in the aviation industry.  At today’s hearing before the aviation subcommittee of the House T&I committee, Deputy Secretary of Transportation John Porcari said no further testing was warranted at this time.   He added that the most recent tests were independently reviewed by Idaho National Lab and MIT Lincoln Lab.   Expanding broadband access to more Americans is a major goal of the Obama Administration, he said, but LightSquared is incompatible with “FAA requirements for low-altitude operations” near LightSquared transmitters.  Noting that the FAA had already spent over $2 million in testing and analyzing LightSquared’s proposal, he argued that further government investment “cannot be justified at this time.”

Other witnesses at the hearing represented the International Civil Aviation Organization (ICAO), a U.N. specialized agency that sets global standards and regulations for aviation safety; the Air Transport Association; the Air Line Pilots Association; the Aircraft Owners and Pilots Association; Garmin AT, Inc.; and George Washington University.